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Santa Ana Ordinance Challenged in Federal District Court

The City of Santa Ana was sued today in federal district court challenging a city ordinance that prohibits some registered citizens from being on or within 300 feet of city libraries, learning centers, schools, parks and museums. Santa Ana is the 7th city or county to be sued in a period of seven weeks.  

“The City of Santa Ana ordinance violates both the federal and state constitutions,” stated CA RSOL president Janice Bellucci.  “California RSOL warned the city about its ordinance both in writing and through testimony prior to its passage, however, the City chose to ignore those warnings.”

Before the lawsuit was filed, California RSOL also sent a series of letters to Santa Ana Mayor Pulido advising the City Council of two Court of Appeal decision that determined similar ordinances in Irvine and Orange County were preempted by state law.  The first letter was sent by California RSOL on January 20 and the final letter was sent on April 24.

The lawsuit filed today was the second legal challenge of Santa Ana’s sex offender ordinance.  The first challenge occurred in May 2013, however, the case was dismissed by federal Judge Carney after he refused to allow the plaintiffs in the case use the common pseudonyms, John Doe and Jane Doe.

“Today’s lawsuit was filed because the City of Santa Ana refused to act in accordance with existing state law,” stated CA RSOL board member Chance Oberstein.  “The California Supreme Court has spoken and left in place the appellate court decisions which determined that cities cannot adopt laws that prohibit the presence of registered citizens within their jurisdiction.”

Join the discussion

  1. Q

    This one is going to be really interesting. I grew up in Santa Ana and Orange; these two cities are right next door to each other. As I recall it was Santa Ana that force registrants to wear jail overalls and lock them up in a jail cell for hours, sometimes with dangerous felons when the registrant would go in for their yearly registration process. If this city repeals it’s ordinances before court action is initiated I will be surprised, considering their anal attitude towards registrants in the past, but then it sounds like they have already been put on notice to repeal their illegal ordinance or face legal action. The county court house, where Tony Baloney does his twisting of law is only a couple of blocks away. I wonder if their city attorney is going to go running to Mr Baloney whining about CA-RSOL. There is allot of crime and corruption in Santa Ana; it’s a nasty place! And thanks Janice and Chance!!!

    • Q

      Oops! It’s already in court! I just saw “Santa Ana” and got all excited that CA-RSOL is giving them attention. 🙂

  2. Bruce Ferrell

    Are the people passing these ordinances on some kind of drugs? Can ANYONE explain how goes on? Or have I wandered into supermans bizaro world?

    • cool rso guy!

      yes this drug has a name it called “EGO, your WRONG and Im RIGHT”

  3. mike

    Oye como va! I’m surprised there hasn’t been a flood of respondents wanting to avoid legal action since the state supreme court denied review. Stubbornness has ugly results.

  4. Brubaker

    If there is no law that can put a free person to further restraint as the state courts here have held why the need ofof federal ..??……..for example there is no gov wallace blocking entrance wherefore federal action would be needed from say President Kennedy and attorney general Bobby Kennedy …..this state has already ruled and its good as gold.

  5. Eric Knight

    Yes, this is the same city that Janice sued exactly one year ago for their abusive jailhouse registration process! Hopefully they will back down real fast, just like last time.

    • Q

      Hi Eric Knight:

      They are probably going to remain anally obstinate; the cop shop is only as couple of blocks from that nincompoop DA’s office. Were in Tony’s neighborhood; down town/civic center Santa Ana, the home where these illegal ideas that became illegal ordinances were spawned from the depths of a sick mind.

    • cool rso guy!

      Yes, NOW I remember, is there an article on how this came out?

      • Q

        Hi cool rso guy!:

        I do know these illegal ordinances came out of Mr Baloney’s back side.

  6. USA

    Uh, each and every time I go to Santa Ana to register , the process takes more than. 2-hours (even if no one is present ) and I normally have to use the bathroom . The department doesn’t allow civilians to use their restrooms and each time to registering lady tells me to go across the street and use the public restroom in the public park! Now, read this very , very carefully Janice ! The Santa Ana office where you register is probably within 200 feet of the park ! So, the registering woman is telling me to break the law and use the public park and the office is within 200. (Not 300 feet) of the office ! So, if the OC Sheriffs Office wanted , they could wait out in the street and arrest every registrant parking their car and walking into the building ! This is something to think about! Hmm

    • Q

      Hi USA:

      That’s messed up and makes it sound like Santa Ana is still as anal as ever.

    • Eric Knight

      You should accuse the clerk of entrapment. File a complaint based upon this.

      Yes, I’m being VERY serious. This may sound like a joke, but stranger things have happened.

      • Eric Knight

        I stand corrected. Sasscer Park is specifically exempted by the ordinance, so there is NO violation of being able to enter the park, which includes using the restroom. I would imagine the fact of its proximity to several city and county

  7. Michael

    Does SA still require registrants to wear a jail smock when registering? I thought CAROSL was doing something about that too.

    that was gross. Not only did it humiliate you by making you feel and look like you were in custody, but they only had one pile of 3 or 4 tops and you could not wear a t-shirt under it. You had to slip one on your bare skin and who knows how many other people, in various states of hygiene, wore it before you.

    It doesnt apply to me, but for others, they make you strip off your jeweraly (earings) like your being booked.

  8. USA

    Guys , we need to think out of the box ! First, Janice might want to go over and measure the distance from the building to the park? It’s about 200 feet? So, Santa Ana is requiring registrants and unlawful place to register . Furthermore, I’m always early and very prepared to register . I’ve never finished earlier than 2 hours or more! So , if I left to use the restroom , I would have to get in my car and I would never finish? This is a lawsuit!

    • Joe

      Which park are you talking about? The Santa Ana Municipal Code expressly excludes one park from their definition of “Children’s Facility” – Sasscer Park. I would imagine it is too close to the jail and other facilities dealing with ‘dangerous’ sex offender criminals?

      I wonder if the parents at that park are aware that their precious children are subject to being preyed on by roving bands of sex offenders?

      Also, the 300 foot perimeter applies to specified activities in that buffer.

      (a)While there for the apparent purpose of observing a child or children, or
      (b)If the sex offender returns at any time after having been notified to leave by the owner or any authorized official of such children’s facility.

      Go for it, sue them, but be sure you have all your ducks in a row!

      https://library.municode.com/HTML/14452/level3/PTIITHCO_CH10CRMILAENPR_ARTXIIPRRERESEOFCHFA.html

    • Q

      Hi USA:

      2 hrs is ridiculous. Where I go I have to wait maybe 10 min on a bad day and then another 10 – 15 min for the actual registration process and the registration officer is very professional throughout the entire process. They are still treating registrants as less then sub citizens. If Janice went after them on this I’ll bet they would start whining about any number of excuses for why it takes so ridiculously long and there aren’t any bathroom facilities for registrants in their public building. I’ll bet everyone else that asks to use the bathroom facilities is accommodated.

  9. Bluewall

    Is the OC Sheriff dept still not enforcing the park ban?

    • Robert Curtis

      The OC Sheriff stopped enforcement after the first ruling but that was for all OC county

      parks not individual city parks that have their own police departments to enforce their

      ban like that of Santa Ana.

  10. Brubaker

    C’mon man….the superior court panel of judges ruling stands …the appeals court ruling stands…cal-supreme court won’t overturn previous rulings…..c’mon…you’re a free man…if they arrest even one now they really arrested the whole registry subject to major massive multimillions of dollars settlement $$$$$$amount.

    • Brubaker

      In 1966, Bobby Kennedy sub-committee treatment of farm workers questioned the Kkern county sheriff tactics as the sheriff admitted he arrested those before they committed a crime…there was laughter in that committee room upon hearing that…Bobby Kennedy told the sheriff and their da to read the CONSTITUTION.

      • Tim

        That was way before the Willie Horton ads, when the Democrats caved on their own ideals.

        • Brubaker

          President Kennedy ideals still inspires alot of people today…what was once good makes us appreciate him / leadership wanting that today….truly amazing …!….your negative comment has nothing to do with President Kennedy or Senator Bobby Kennedy ……….today can be said to public service personnel read your state and federal Constitutions . Support and protect it ….for our children.

        • Tim

          I am hoping more people will view the Constitution as a protector of liberty for all, and not a barrier to public safety. I guess just keep saying it until a light switches on in people’s minds.

      • cool rso guy!

        is there a youtube link on Bobby Kennedy telling the sheriff to read the CONSTITUTION?

      • Janice Bellucci

        That event is now a scene in the new Cesar Chavez movie which I highly recommend.

    • Gary Richards

      Not sure if everyone has seen this quote.

      “If I read the tea leaves correctly, it’s probably dead everywhere in California,” Susan Kang Schroeder, chief of staff to Orange County District Attorney Tony Rackauckas said Thursday.

      Read more here: http://www.sacbee.com/2014/04/24/6352316/california-courts-strike-down.html#storylink=cpy

  11. RLP

    I just want to say to the individual(s) who are not afraid to fight these bullys THANK YOU!!! Thanks for doing it for all of us. Because of YOU, JANICE and the CA RSOL team the fight is being fought and voices are being heard. I pray GOD will bless you all and give you the strength to fight the good fight!! i pray that for all of us…

  12. USA

    Guys, for the last 3-4 times I registered, it takes no less than 2 hours each time. I’ve even waited for 3! So, looking back, each time I go to Santa Ana, I’m going across the street to use the bathroom (breaking the law) and walking out to my car thats about 200 feet or less near the park! In addition, the woman clearly doesn’t know what she is doing, stated I must carry the receipt they give me at all times (or I can get arrested) and doesn’t seem to worry that some people have jobs and this is an almost all day ordeal. Time is Money!

    • Janice Bellucci

      Why does it take so long? Are you being sent to the jail? Are you required to wear a jail uniform?

      • Tim

        Sounds like they want to make it as humiliating as possible. San Diego Sheriffs take about 15 minutes with an appointment and about a half hour if you just walk in. They’re polite, too. They also handles taxi licenses and a few other things, so no one in the lobby knows why you are there, unless you announce it. As if we need anything more to remind us what bad boys we have been.

      • Bluewall

        We should have a rating section on the board on the different police departments and how the registration experience is perceived…

  13. USA

    I have no idea. They give you a clipboard and you fill out the paperwork and initial it. Then, you turn it in and wait and wait. Then , she asks you come in again and they finger print you via a computer (each year). Then , your told to go out and wait again . From my understanding , the finger prints are sent to the FBI to confirm it’s you or perhaps check of you have warrants? ( I’ve only been arrested once 18 -19 years ago )? Then, after waiting, she has you come back in , take a photo and gives you a receipt . It’s a 2 hour ordeal . I just registered a few months ago . It’s like this all the time.

  14. Robert Curtis

    When we (RSOL, Janice and team) stood in front of these people (the Santa Ana city council) the picture wasn’t pretty. It was a hostile environment (Nothing NEW). After giving out our lines of reason and logic… the mayor stated basically it’s okay for a registrant’s child to be put at risk without their parent.

    She then kept kissing DA-Tony’s hind parts. I was surprised the man could even set back down with his ass being so chapped! It was laid on so thick that we all started getting embarrassed.

    These people might just take it all the way to trial. They’re just that stupid,thick and dumb. (IMO)

    • David Bradford

      Robert, was this a recent meeting? I’d love to see a video of it. I think the DA in question and Santa Ana need to be made an example of, Obviously, they want to play hardball, so I think CA RSOL should accommodate them. They could become a warning to other cities and counties that think they’re above the law. This is the only language the DA understands.

      Dave in the Phiippines

      • ocguy

        Ever since Park Predator Panic started sweeping Orange County in late 2010, brave citizens – registered or not – have found the time and courage to stand up in public, on video, against these ordinances and for the Constitution, starting with the OC Board of Supervisors in March 2011 (as best I recall). Many of these people traveled several hours each way to get their 180 seconds behind the microphone. True Americans and patriots in my book.

        Most hearings are on-line. Here are two that the OCDA himself was involved in.

        Santa Ana 5/21/2012 (can’t find video on the city web site but I remember it being here)
        https://all4consolaws.org/2012/06/santa-ana-city-council-meeting-video/

        and, of course, the mother of all City Council Hearings in Lake Forest. Who knew local government could be this entertaining? This is a “must watch”.

        Lake Forest 12/4/2012
        http://agenda2009.city-lakeforest.com/SIREPub/mtgviewer.aspx?meetid=481&doctype=AGENDA
        #11

        Another hearing that was quite interesting (presentation by OCDA Chief of Staff) was in Laguna Hills Fall 2011.

        Laguna Hills 9/21/11
        http://permits.ci.laguna-hills.ca.us/sirepub/mtgviewer.aspx?meetid=32&doctype=AGENDA
        #8.1

        Put a bag of pop corn in the microwave, sit back and enjoy.

        • Janice Bellucci

          Thank you for linking the hearings in this string of replies. My personal favorite was the Lake Forest hearing where the Mayor refused to let the DA get away with half-truths and prevarications. The low point was the Santa Ana meeting at which the DA testified that he did not know the rate of re-offense for sex offenders and had not read any reports on that subject. Sounds like malpractice especially when the DA had already lobbied more than 10 cities to pass sex offender ordinances.

        • Bluewall

          Is it a possible win? or can this go any which way but North?
          The Highest Court in California made a ruling, but why fight? Can the High Court change its mind later on?

        • Q

          Hi ocguy:

          OK; I’ve watched the video’s. Before I comment on them I feel led to point out that it seemed to me that the Santa Ana city counsel wasn’t very subtle about their unwarranted and overly high regard they hold Tony baloney in. They could have at least wiped the brown off of their noses! The dark hair lady that talks funny basically said the children of registrants loss of their right to spend time with a parent in a public place is acceptable to them!!!!! I had the feeling the fact they listened to Frank, Janice and Robert was an obvious ruse at unbiased fairness. I believe they already knew how they would vote well before the meeting. This is corruption at it’s finest; but after all, it is a universal law “water seeks it’s own level,” “birds of a feather,” etc.

          I’ve noticed their strategy is to cite one or two cases and apply it to anyone and everyone that has ever been placed on the registry, coupled with inflammatory statements that are not backed up with any sort of citation or fact’s. I think some of the people they mentioned weren’t registrants at all. Frank got up there and quoted empirical facts and Janice pointed out fact’s too, as did Robert; he also spoke from the point of a registered parent and how these laws would affect him and his son. I think for me the bottom line is they take one or two instances and blow them so far out of proportion that it only seems like there is some sort of problem, possibly. I also wonder why these meetings don’t discuss their other problems, like drunk drivers, murder, gangs, assaults, theft, etc. Why is it these much greater and much more frequent and likely to occur issues not even brought up. These presence ordinances are based on nothing but what if’s.

          I gotta say I love the fact their actions are coming back to haunt them.

    • Q

      Hi Robert Curtis:

      So Tony was there that time? I had a feeling he has a direct hand in Santa Ana’s anal attitude towards registrants. I have the same feeling about taking this to trial. If they do I think they are stupid. The mayor should be kicked out of that position just for allowing herself to become so star struck; how juvenile.

  15. Q

    “We must admit in ourselves that our own children’s future cannot be built on the misfortunes of others. We must recognize that this short life can neither be ennobled or enriched by hatred or revenge.” – Robert F. Kennedy

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